Briefings

To Reasonably Agree or to Reasonably Not Agree? – Agreements to Agree Revisited

15 January 2019

In Morris v Swanton Care & Community Limited, the English Court of Appeal has now robustly reiterated that an agreement to agree will not be enforced by the courts. Thomas Ross and Nick Payne explore the implications of this judgment.

UK Supreme Court – No More Building Castles in the Sky

19 December 2018

In one of the most eagerly awaited property decisions of the year, the UK Supreme Court has held that a landlord cannot rely on a scheme of works specifically designed to force a tenant to vacate its premises in order to circumvent the tenant’s right of renewal. Our latest briefing, authored by Dev Desai and Tom Bumstead, discusses the details of S Franses Ltd v The Cavendish Hotel (London) Ltd.

Liberian Bearer Shares Deadline Approaching

19 December 2018

We write to raise awareness of an urgent deadline in 2019 for Liberian corporations that have issued or are authorized to issue bearer shares and the holders or beneficial owners of such shares. Failure to meet this deadline may result in severe penalties.

Burden of Proof Under the Hague Rules – Confirmation from the Supreme Court

17 December 2018

In a significant recent judgment, the UK Supreme Court has addressed the question of who bears the burden of proof in a claim against a shipowner for loss of, or damage to, cargo.

Thai Court’s Approach on Fraudulent Asset Transfers in Restructuring

12 December 2018

Recent experience in the Thai courts shows that acting in accordance with bank guidance during a corporate restructuring will not necessarily shield a company and it's management from liability for fraudulent asset transfers.

Landmark Court of Appeal Decision on Ship Arrest Counter-Security and Wrongful Arrest Damages

11 December 2018

In a landmark ruling that has brought welcome clarity to a legal ‘hot topic’ that has been debated for many years, the English Court of Appeal has now upheld1 the first instance decision of the Admiralty Court in The Alkyon.